HB 398 — Cottage Food Production: Local and State Regulatory Responsibility

This bill authorizes the production and sale of cottage food items with specific exemptions, requirements, and disclosures. It defines cottage food items as non-potentially hazardous foods made in a home kitchen, such as baked goods, jams, dried fruits, and popcorn, while excluding items like raw milk and cannabis-infused products. The bill outlines labeling and disclosure requirements, mandates signage at retail locations, and allows online and third-party sales with proper labeling. It grants enforcement authority to the Department of Agriculture, including inspections in response to consumer complaints or health concerns. Violations may result in written warnings and fines up to $75. Additionally, the bill prohibits local governments from imposing regulations on cottage food items but allows them to ban third-party sales through formal ordinances.